ASSEMBLY, No STATE OF NEW JERSEY. 212th LEGISLATURE INTRODUCED FEBRUARY 23, 2006

Transcription

1 ASSEMBLY, No. STATE OF NEW JERSEY th LEGISLATURE INTRODUCED FEBRUARY, 00 Sponsored by: Assemblywoman CHARLOTTE VANDERVALK District (Bergen) SYNOPSIS Requires hospitals to provide information to pregnant women regarding umbilical cord blood donation and storage options. CURRENT VERSION OF TEXT As introduced.

2 A VANDERVALK AN ACT concerning the provision of information to pregnant women about umbilical cord blood donation and storage options and supplementing Title of the Revised Statutes. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey:. The Legislature finds and declares that: a. Following the birth of a baby, the umbilical cord usually is discarded along with the placenta; however, it is now known that blood retrieved from the umbilical cord is a rich source of stem cells which, like donated bone marrow, can be used to treat various genetic disorders that affect the blood and immune system, leukemia and certain cancers, and some inherited disorders of body chemistry; b. Studies suggest that stem cells from cord blood offer some important advantages over those retrieved from bone marrow. Stem cells from cord blood are much easier to obtain because they are readily obtained from the placenta at the time of delivery. A wider range of recipients may benefit from cord blood stem cells; when stem cells from cord blood are used, the donor cells appear more likely to take or engraft, even when there are partial tissue mismatches, than with bone marrow. A potentially fatal complication called graft versus host disease, in which donor cells can attack the recipient s tissues, appears to occur less often with cord blood than with bone marrow. Cord blood is less likely than bone marrow to contain certain infectious agents that can pose a risk to transplant recipients. In addition, some studies suggest that cord blood may have a greater ability to generate new blood cells. Finally, cord blood stem cells offer exciting possibilities for gene therapy for certain genetic diseases, especially those involving the immune system; c. Expectant parents can make arrangements before the birth of their child to have their baby s cord blood collected immediately after birth and stored by a commercial blood bank for their own use, or to donate it to a public bank to be available to any appropriately matched individual needing a transplant; and d. Prospective parents who are considering umbilical cord blood donation should have as much information as possible to make an informed decision; and, if they have a family history of certain genetic diseases such as severe anemias, immune disorders or some cancers, they may want to consider the benefit to their family of storing cord blood and can obtain information and counseling from health care providers, including genetic counselors. Parents who want to donate their baby s cord blood to a public bank for use by others should be fully informed of their responsibilities and other implications of making those donations. In either case, expectant

3 A VANDERVALK parents need to be well informed so that their choice is based upon sound advice and medical evidence.. a. A general hospital licensed pursuant to P.L., c. (C.:H- et seq.) shall provide to each of its patients who are known to be pregnant, at the time of preadmission processing for that patient, written information, which is presented on a form and in a manner prepared or prescribed by the Commissioner of Health and Senior Services pursuant to subsection d. of this section, concerning the patient s option to donate blood extracted from her newborn child s umbilical cord to a public certified cord blood bank or to have it stored at a commercial blood bank. b. If the patient elects to donate her newborn child s umbilical cord blood to a public certified cord blood bank or have it stored at a commercial blood bank, the hospital shall, to the extent practicable, collect that blood and transmit it in accordance with the patient s written directions. c. If the patient elects to donate her newborn child s umbilical cord blood to a public certified cord blood bank, the patient shall not incur any charge, fee or other monetary cost from the hospital or its staff, or the attending physician, in connection with the donation or storage of the blood. d. () The Commissioner of Health and Senior Services, in consultation with public certified cord blood banks operating in this State, shall prepare or prescribe the information to be provided by hospitals to pregnant women pursuant to subsection a. of this section. () The information shall, at a minimum: (a) describe the potential benefits to the community from donating cord blood to a public certified cord blood bank, the provisions of subsection c. of this section, and the procedures required; and (b) describe the potential benefits to the patient and her family from storing cord blood at a commercial blood bank for their own use, and the procedures that may be required; and explain that a commercial blood bank charges fees for donation and storage of cord blood, and can provide the patient and her family with specific information about those costs. e. The provisions of this act shall not be construed to: () require a hospital to collect umbilical cord blood if, in the professional judgment of the patient s attending physician, the collection would threaten the health of the mother or newborn child; or () apply to a physician, nurse or other hospital employee or contractor who, or a hospital that, is directly affiliated with a religious denomination the tenets of which hold that blood transfer is contrary to the moral principles which the denomination considers to be an essential part of its beliefs and practices. The

4 A VANDERVALK physician, nurse, other hospital employee or contractor, or hospital, as applicable, shall record, in writing, the refusal to participate in the activity provided in this act, and include a copy of the refusal in the patient's medical record.. The Commissioner of Health and Senior Services, pursuant to the "Administrative Procedure Act," P.L., c. (C.:B- et seq.), shall adopt rules and regulations to effectuate the purposes of this act.. This act shall take effect on the 0th day after enactment, except that the Commissioner of Health and Senior Services may take such anticipatory administrative action in advance as shall be necessary for the implementation of the act. STATEMENT This bill is designed to promote greater awareness of the options that a pregnant woman has regarding donation or storage of her newborn child s umbilical cord blood. The bill provides specifically as follows: A licensed general hospital is to provide to each of its patients who are known to be pregnant, at the time of preadmission processing for that patient, written information, which is presented on a form and in a manner prepared or prescribed by the Commissioner of Health and Senior Services pursuant to the bill, concerning the patient s option to donate blood extracted from her newborn child s umbilical cord to a public certified cord blood bank or to have it stored at a commercial blood bank. If the patient elects to donate her newborn child s umbilical cord blood to a public certified cord blood bank or have it stored at a commercial blood bank as provided in the bill, the hospital, to the extent practicable, is to collect that blood and transmit it in accordance with the patient s written directions. If the patient elects to donate her newborn child s umbilical cord blood to a public certified cord blood bank, the patient will not incur any charge, fee or other monetary cost from the hospital or its staff, or the attending physician, in connection with the donation or storage of the blood. The Commissioner of Health and Senior Services, in consultation with public certified cord blood banks operating in this State, is to prepare or prescribe the information to be provided by hospitals to pregnant women pursuant to the bill. The information, at a minimum, is to:

5 A VANDERVALK 0 -- describe the potential benefits to the community from donating cord blood to a public certified cord blood bank, the fact that the patient will not be charged for the expenses of donation or storage at a public certified cord blood bank, and the procedures required; and -- describe the potential benefits to the patient and her family from storing cord blood at a commercial blood bank for their own use, and the procedures that may be required; and explain that a commercial blood bank charges fees for donation and storage of cord blood, and can provide the patient and her family with specific information about those costs. The provisions of the bill are not to be construed to: -- require a hospital to collect umbilical cord blood if, in the professional judgment of the patient s attending physician, the collection would threaten the health of the mother or newborn child; or -- apply to a physician, nurse or other hospital employee or contractor who, or a hospital that, is directly affiliated with a religious denomination the tenets of which hold that blood transfer is contrary to the moral principles which the denomination considers to be an essential part of its beliefs and practices. The physician, nurse, other hospital employee or contractor, or hospital, as applicable, is to record, in writing, the refusal to participate in this activity, and include a copy of the refusal in the patient's medical record. The bill takes effect on the 0th day after enactment, but authorizes the Commissioner of Health and Senior Services to take anticipatory administrative action in advance as necessary for its implementation.